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IN THE HIGH COURT OF KERALA
S. Manikumar & Shaji P. Chaly, JJ.
Civic Responsibilities and Empowerment Association – Appellant
Versus
State of Kerala – Respondents
W.P.(C) No.13062 of 2020
Decided on : 23-03-2021
PUBLIC INTEREST LITIGATION - QUASHING OF ORDER - APPOINTMENT OF TAINTED OFFICER - DEPARTMENT OF MINING AND GEOLOGY - TEMPORARY CHARGE - LACK OF MERIT AND ABILITY - VIOLATION OF RULES AND REGULATIONS - PUBLIC INTEREST.
Fact of the Case:
Petitioners, an association and its member, filed a PIL seeking to quash an order appointing Mr. C.K. Baiju, a tainted officer facing departmental disciplinary action, as the Director of Mining and Geology Department on a temporary basis. They alleged that Mr. Baiju had engaged in corrupt practices, including illegal quarrying and unauthorized mining, and that his appointment violated various rules and regulations.
Finding of the Court:
The court found that Mr. Baiju had been involved in several instances of corrupt practices and that his appointment as Director of Mining and Geology Department was in violation of the Kerala Geology Service Special Rules, 2009, and the Kerala State and Subordinate Services Rules, 1958. The court held that the appointment was not based on merit and ability and that it overlooked the requirement of a select list for promotion. The court also noted that the appointment was made without any consideration of the dearth of IAS officers and that the reasons provided by the government in its counter-affidavit were not supported by the files.
Issues: 1. Whether the appointment of Mr. Baiju as Director of Mining and Geology Department was in violation of the Kerala Geology Service Special Rules, 2009, and the Kerala State and Subordinate Services Rules, 1958? 2. Whether the appointment was based on merit and ability? 3. Whether the appointment overlooked the requirement of a select list for promotion? 4. Whether the appointment was made without any consideration of the dearth of IAS officers?
Ratio Decidendi: The court held that the appointment of Mr. Baiju was in violation of the Kerala Geology Service Special Rules, 2009, and the Kerala State and Subordinate Services Rules, 1958, as it was not based on merit and ability and overlooked the requirement of a select list for promotion. The court also held that the appointment was made without any consideration of the dearth of IAS officers and that the reasons provided by the government in its counter-affidavit were not supported by the files.
Final Decision: The court quashed the order appointing Mr. Baiju as Director of Mining and Geology Department and directed the State Government to terminate his services from the post forthwith. The court left the issues raised relating to other aspects in the Writ Petition open for appropriate enquiry and adjudication.
JUDGMENT :
Shaji P. Chaly, J.
1. Instant Public Interest Litigation is filed by an association, registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 and a member of the said association, seeking to quash Exhibit-P9 order, G.O.(Rt.) No.258/2020/ID, dated 20.03.2020, issued by the Government of Kerala, Department of Industry (A), Mining and Geology, by which 6th respondent, viz. Mr.C.K.Baiju, a Senior Deputy Director, Department of Mining and Geology, has been temporarily given the full charge and responsibilities as the Director, Mining and Geology.
2. Petitioners have sought for a writ of mandamus commanding respondents 1 to 4, to take disciplinary action against the 6th respondent Mr.C.K.Baiju, in the cases where disciplinary action is recommended, but pending consideration of the respondents.
3. Petitioners have also sought for a mandamus commanding respondents 1 to 3, to issue necessary orders to the 6th respondent, removing him from the charge of Director, Mining and Geology Department forthwith.
4. Petitioners have further sought for a mandamus directing the 2nd respondent, viz., the Principal Secretary to the Government, Department of Industry, Thiruvananthapuram, to publish the details of the assets of Mr.C.K. Baiju, respondent No.6, in the website of the Department of Industries or in the website of the Department of Mining and Geology.
5. The basic contentions advanced are that Mr.C.K.Baiju, respondent No.6, is a corrupt officer, facing departmental disciplinary action, in a number of cases. According to the petitioners, 6th respondent was a Senior Geologist in the District Geology and Mining Department, Kottayam for quite some time. During that period, he used to indulge in corrupt practices by illegally granting quarrying permits, not monitoring licence conditions etc. Several instances were pointed out by the petitioners and according to them, the President of Kuravilangad Grama Panchayat has submitted a petition to the Hon’ble Minister for Home and Vigilance, which was forwarded to the Director of Vigilance and Anti Corruption Bureau (VACB), Thiruvananthapuram. There, the allegation was that the Senior Geologist of Kottayam District allowed the permit holders to extract more sand by not monitoring them properly and not intimating the Panchayat authorities about the permit, and thereby caused annoyance to the public, within the Kuravilangad Grama Panchayat area.
6. As a result, the Director of VACB vide letter No.(QV 4/13/KTM) 19827/13 directed the Deputy Superintendent of Police, VACB, Kottayam Unit, to conduct a quick verification. Accordingly, the VACB conducted a quick verification and in the report, it was prima facie revealed that the allegations are true, and thereupon, recommended departmental action against the 6th respondent. Similarly, alleging irregularities committed by the 6th respondent, the authorities of Vijayapuram Grama Panchayat, Kottayam, in connection with the removal of huge quantity of soil by private persons, VACB conducted a surprise check, detected irregularities, and found that 6th respondent was responsible for the same.
7. Likewise, in Mulakulam and Velloor Grama Panchayats, in Kottayam districts, on the allegation that brick kilns are functioning, violating the rules and regulations issued by the licensing authority, VACB conducted a surprise check. However, Mr.C.K.Baiju neither inspected or caused to inspect the functioning of those brick kilns for enforcing the licence conditions. Accordingly, the Director of VACB has recommended departmental action against Mr.C.K.Baiju.
8. Similarly, in the matter of illegal quarrying and excavation of stones in Kizhuthiri, Ramapuram Panchayat, VACB, Eastern Region, Kottayam conducted an enquiry, and as per its report dated 27.02.2017, it is evident that using the permit issued by the Geology Department, for 8.9 Ares of land, quarrying was conducted in 2 Acres of land and excavated 90,000 cubic feet sto
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